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Introduction:
The provisions of Order VII of the civil procedure code,1908, specifies some grounds for rejection of paint. That provision enables the court to dismiss the lawsuit at any stage. There are many grounds for rejection of the plaint. In this article, we discuss all the reasons as grounds for dismissal of the suit.
The civil procedure code has a large sense, that has covered all kinds of litigation in civil nature. When any litigation file as a lawsuit, whether in the civil court or commercial court. Under the law, the civil procedure code,1908, govern all types of litigation that are covered in civil nature.
The court has to verify the paint with all the legal aspects, that are necessary before the institute of the lawsuit. In that situation, the court observes various criteria Ie, the court may return, dismiss, Insufficient court fees, or reject the suit with the reason, Etc.
Order VII Rule 11 of CPC, specifies some grounds, on that base, the Plaint can be rejected. Let’s know all grounds that are covered which are given below.
Grounds for rejection of plaint:
Order VII Rule 11 of CPC, has covered the following types of various grounds and circumstances, after considering all legal aspects the court, can reject the plaint.
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Order VII rule 11 (a), lack of the cause of action in the plaint:
The absence of cause of action is one of the reasons for the rejection of the plaint. Because the cause of action is a crucial part of the lawsuit, on that basis the suit can be the final verdict.
The cause of action covered order II rule 2 of the CPC. the reason must be specifically mentioned in the plaint. The lack of cause of action in the suit results in the rejection of the plaint.
Every litigation starts with some specific cause of action, so without any grievance, no one can file litigation against another.
As per the provision of order II rule, 2 has also specified that the same cause of action can not be laid for more than one. The main aims of this provision, are a plaintiff must be included all of the cause of action in a single suit. As well the plaintiff has the right to omit part of his claim.
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Joint cause of action:
As per the provision of Order II rules 4 of the civil procedure code, a plaintiff can not lay the joint cause of action against the defendant or more than one defendant. If a plaintiff wants to do so he has to get prior permission from the court.
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Misjoinder of Cause of Action:
Multiple causes of action can not be laid in the suit. If that type of cause of action is joined by the plaintiff in the suit. then all objections regarding the misjoinder of causes of action should be taken at an earlier stage. If no objection is raised to the misjoinder, this right is believed to be waived.
In the case of Roop Lal Sathi Vs. Nachhattar Singh,(AIR 1982 SC 1559), the supreme court observed that It is trite law that not any particular plea has to be considered, and the whole Plaint has to be read. Only a part of the plaint cannot be rejected and if no cause of action is disclosed, the Plaint as a whole must be rejected.[1].
In the case of Md. Akhtar Hossain vs Suresh Singh And Ors,(AIR 2004 Cal 99), the Calcutta high court held, Plaintiff, cannot avoid consequences by clever drafting of pleadings and creating confusion in minds of Court regarding the cause of action.[2].
Order VII rule 11 (b), The relief claimed is undervalued of the suit:
As per this provision, if a claim made by the plaintiff being undervalued, or demand made is less the actual value, in that situation the court can order the plaintiff for revaluating the suit, within sufficient time given by the court. If the plaintiff fails to do so, the said plaint can be rejected on such grounds.
(Order VII Rule 11(c), Insufficient Stamps duty:
As per the provision of the Court Fee Act, 1870, every lawsuit has to paid sufficient court fees at the time of institution of the suit. The court can reject the plaint on the ground of inefficient stamp duty.
However, the court approach can be liberal before the rejection of the suit. The court can give a reasonable time to the plaintiff to correct his mistake. But if the plaintiff fails to amend the situation, then the court can reject the Planit with record reason.
(Order VII Rule 11(d), If the suit is barred by the law:
The provision of Order VII rule 11(d), deals with the rejection of suit, which is prohibited by law. If the plaintiff filed a suit that is barred by any law, held he has no right to the institution such suit. It might be the reason for the rejection of the ground of a suit.
(Order VII Rule 11(e), When the plaint not filed in duplicate:
As per this provision, when the plaintiff files a suit, he has to file a duplicate copy of the suit along with the original suit, which is a mandatory provision of the civil procedure code. If a plaintiff fails to fulfill that procedure the court can reject the suit.
(Order VII Rule 11(f), When a plaintiff fails to comply with the provisions of rule 9:
When the plaintiff fails to provide a list of documents that are relied upon by him, as well as not submit some copies which are a basic requirement at the time of filing a suit. The court can order to reject the suit on that ground too.
In the case of Salem Advocate Bar Association, Tamil Nadu vs. Union of India, AIR 2003 SC 189, the supreme court observed that, O. 7, R.11 to which clauses (e) and (f) have been added enable the Court to reject the plaint where it is not filed in duplicate or where the plaintiff fails to comply with the provisions of Rule 9 of Order 7. It appears that the said clauses being procedural would not require the automatic rejection of the plaint at the first instance. If there is any defect as contemplated by Rule 11(e) or non-compliance as referred to in Rule 11(f), the Court should ordinarily give an opportunity for rectifying the defects, and in the event of the same not being done the Court will have the liberty or the right to reject the plaint.[3].
Modes of rejecting a plaint:
Here is two modes can be applied for the rejection of plaint, the first one is the defendant can apply at any stage of the suit proceedings. And the second is Sue moto’s rejection, which is filed by the court itself by using sue moto power according to the provision of CPC.
Conclusion:
The civil procedure code,1908, order VII rule 11, provides various grounds for rejection of the plaint. As per these provisions, the plaintiff needs to care while filing a suit against the defendant. As well, we can say, that provision also enables the defendant to get the appropriate defense in the suit.
Reference:
(1) Roop Lal Sathi V. Nachhattar Singh,(AIR 1982 SC 1559).
(2) Md. Akhtar Hossain vs Suresh Singh And Ors,(AIR 2004 Cal 99).
(3) Salem Advocate Bar Association, Tamil Nadu v. Union of India, AIR 2003 SC 189.
Also Read:
When court should not permit withdrawal of suit with liberty to file a fresh suit?
